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Nyaya Vidhiन्याय विधि · Indian Law, Lucid

Chapter V§2737

Part IV — Registration of marriages solemnized by Ministers of Religion

Eleven sections wire every Christian marriage into the State birth-death-marriage register chain. §27 makes registration mandatory for every solemnised marriage outside Parts V/VI. §§28–31 prescribe denomination-specific registers and quarterly returns (Church of England via Archdeaconry; Church of Rome via the Bishop's nominee; Church of Scotland via the Senior Chaplain). §§32–36 set out the duplicate-register-book + counterfoil-certificate workflow for other episcopally-ordained clergy and licensed Ministers, with monthly transmission of certificates to the Registrar General. §37 governs marriages between Indian Christians solemnised by §§5(1)–(3) officiants — registered in a separate book that flows to the Registrar General when filled.

11 sections · MVP coverage

§27Section 27

Marriages when to be registered

Every Christian marriage in India (except those under Part V or Part VI) must be registered as prescribed by Part IV.

Verbatim from the Act

Marriages when to be registered.—All marriages hereafter solemnized in India between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.

Section 27, Indian Christian Marriage Act 1872
§28Section 28

Registration of marriages solemnized by Clergymen of Church of England

Every Anglican Clergyman keeps a marriage register and records each Act-marriage according to the Schedule III tabular form.

Verbatim from the Act

Registration of marriages solemnized by Clergymen of Church of England.—Every Clergyman of the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act.

Section 28, Indian Christian Marriage Act 1872
§29Section 29

Quarterly returns to Archdeaconry; Contents of returns

Anglican Clergymen send duplicate quarterly returns to the Archdeaconry Registrar covering Jan–Mar, Apr–Jun, Jul–Sep and Oct–Dec; the Registrar forwards a copy to the Registrar General within two weeks of each quarter.

Verbatim from the Act

Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate.

Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty-first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified.

The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar General of Births, Deaths and Marriages.

Section 29, Indian Christian Marriage Act 1872
§30Section 30

Registration and returns of marriages solemnized by Clergymen of Church of Rome

Roman Catholic marriages are registered by a person and in the form designated by the Diocesan Bishop, who forwards quarterly returns to the Registrar General.

Verbatim from the Act

Registration and returns of marriages solemnized by Clergymen of Church of Rome.—Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is solemnized, and such person shall forward quarterly to the Registrar General of Births, Deaths and Marriages returns of the entries of all marriages registered by him during the three months next preceding.

Section 30, Indian Christian Marriage Act 1872
§31Section 31

Registration and returns of marriages solemnized by Clergymen of Church of Scotland

Church of Scotland Clergymen keep a Schedule-III register and route quarterly returns to the Registrar General through the Senior Chaplain of the Church of Scotland.

Verbatim from the Act

Registration and returns of marriages solemnized by Clergymen of Church of Scotland.—Every Clergyman of the Church of Scotland shall keep a register of marriages, and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act, and shall forward quarterly to the Registrar General of Births, Deaths and Marriages, through the Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such marriages.

Section 31, Indian Christian Marriage Act 1872
§32Section 32

Certain marriages to be registered in duplicate

Every marriage solemnised by an episcopally-ordained non-Anglican / non-Roman clergyman or by a licensed Minister is registered in duplicate — once in a Schedule-IV register-book and once in a counterfoil certificate attached to it.

Verbatim from the Act

Certain marriages to be registered in duplicate.—Every marriage solemnized by any person who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.

Section 32, Indian Christian Marriage Act 1872
§33Section 33

Entries of such marriages to be signed and attested

Both the certificate and the register-book entry must be signed by the solemniser, the parties married, and two credible witnesses; entries proceed in book order with certificate and entry numbers matching.

Verbatim from the Act

Entries of such marriages to be signed and attested.—The entry of such marriage in both the certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by the persons married, and shall be attested by two credible witnesses, other than the person solemnizing the marriage, present at its solemnization.

Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage-register-book.

Section 33, Indian Christian Marriage Act 1872
§34Section 34

Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General

Within one month of solemnisation the solemniser separates the certificate from the register-book and sends it to the district's Marriage Registrar (or Senior Marriage Registrar), who copies it and forwards the month's batch to the Registrar General.

Verbatim from the Act

Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.—The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall cause such certificate to be copied into a book to be kept by him for that purpose, and shall send all the certificates which he has received during the month, with such number and signature or initials added thereto as are hereinafter required, to the Registrar General of Births, Deaths and Marriages.

Section 34, Indian Christian Marriage Act 1872
§35Section 35

Copies of certificates to be entered and numbered

Copies are entered in book order; each copy carries the original certificate number plus a Registrar-assigned entry number reflecting the order of receipt.

Verbatim from the Act

Copies of certificates to be entered and numbered.—Such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy in the said book, according to the order in which he receives each certificate.

Section 35, Indian Christian Marriage Act 1872
§36Section 36

Registrar to add number of entry to certificate, and send to Registrar General

The Marriage Registrar adds the book-entry number plus his signature/initials to each original certificate and, at month-end, sends the batch to the Registrar General.

Verbatim from the Act

Registrar to add number of entry to certificate, and send to Registrar General.—The Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and shall, at the end of every month, send the same to the Registrar General of Births, Deaths and Marriages.

Section 36, Indian Christian Marriage Act 1872
§37Section 37

Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5; Custody and disposal of register-book

When a §5(1)–(3) officiant (episcopal clergy, Church of Scotland clergy or licensed Minister) marries Indian Christians, he uses a dedicated register-book — not the §§28–36 procedure — and on filling it (or on leaving the district) the book passes to the Marriage Registrar and ultimately to the Registrar General.

Verbatim from the Act

Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5.—When any marriage between Indian Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district.

Custody and disposal of register-book.—Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records of his office.

Section 37, Indian Christian Marriage Act 1872